Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Concerning HIV Criminalization
Opposes laws that base criminal liability and/or penalty on HIV status, rather than intent to harm. Argues that focus on knowledge of status as a key element of an HIV-related crime rather than intent and capacity to transmit the virus, is a classic example of an inadequate mens rea (or criminal intent) requirement and overly expansive criminalization.
Position Statement on HIV Criminalization
States that criminal law is an ineffective and inappropriate tool to prevent HIV exposure and transmission because it dissuades people from accessing diagnostic and treatment services and compromises open and honest communication with nurses. Recommends that nurses advocate for the rights of people living with HIV/AIDS.
Sexual transmission of HIV and the law: an Australian medical consensus statement
Provides current scientific evidence to facilitate just outcomes in Australian criminal cases involving HIV. Argues that careful attention should be paid to the best scientific evidence on HIV risk and harms, with consideration of alternatives to prosecution, including public health management. Authored by leading Australian HIV clinicians and scientists.